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Abadi Land | Bhumidhar with transferable rights | Bhumidhar with non-transferable rights | Govt Lesee | Asami | Govt Land / Land entrusted to gram panchayat | |
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Entry | ||||||
Disturbance in Possession | ||||||
1(b) ‘A’ a recorded bhumidar seeks cancellation of sale deed executed by ‘Y’ in favour of ‘Z’ in respect of land over which ‘A’ is recorded as bhumidar. The challenge was made on the ground that ‘Y’ was not having title in the Land sold by him. Whether he has to approach civil court or revenue court and why? Discuss with reference to case law on the subject.
Answer
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94. Which one is correct –
Boundary dispute is decided under Section 24 of the U.P. Revenue Code, 2006 on basis of:
A. Existing survey maps
B. Revised maps prepared under the U.P. Consolidation of Holdings Act, 1953
C. Actual possession
D. Title
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Q.1. (a) What are the kind of lands of India in which accrual of Bhumidhari rights is Prohibited under the Provisions of the U.P Zamidari Abolition and Land reforms Act,1950? Discuss with special reference to the judgment of the Supreme Court in Hinch Lal Tiwari v. Kamla devi and others.2001 (6) SCC 496: A.I.R. 2001 S.C. 3215.
Answer
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Chapter IX Tenures
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97. If a bhumidhar transfers possession of any holding for securing loan or money advanced, it will be:
A. Usufructuary mortgage
B. Simple mortgage
C. Illegal and void
D. Sale of bhumidhari rights in the land
Answer
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99. In a suit for ejectment under Section 134 of the U.P. Revenue Code, 2006, which of the following is not a necessary party:
A. Person in illegal possession
B. Gaon Sabha
C. Collector
D. State Government
Answer
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100. A bhumidhar dies intestate. Who amongst the following will inherit the property in preference to the others:
A. Married daughter
B. Son’s daughter
C. Daughter’s son
D. Sister’s son
Answer
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49. An application for cancellation of an allotment and lease made after the commencement of the Uttar Pradesh Revenue Code, 2006 could be made within:
(a) 5 years (b) 7 years
(c) 4 years (d) 3 years
Answer
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50. Which of these is not correct: Under the Uttar Pradesh Revenue Code, 2006, a Bhumidhar with transferable rights:
(a) may bequeath his interest by a Will
(b) every Will has to be in writing
(c) it has to be attested by two witnesses
(d) the Will could be registered or an unregistered one
Answer
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100. Under which of the following circumstances interest of Bhumidhar with non-transierable right extinguishes :
(a) "Other, he get converted himself m another religion
(b) When he becomes Sadhu
(c) When he has been deprived of the possessioin and his right of recover possession is barred by limitation
(d) None of the above
Answer
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20. Under which of the following circumstance interest of a Bhumidhar with non-transferable right extinguishes :
(a) When he get converted himself to another religion
(b) When be becomes Sadhu
(c) When he has been deprived of the possession and his right to recover possession is barred by limitation
(d) None of the above.
Answer
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34. Every Transfer made in contravention of the U.P. Zamindari Abolition and Land Reforms Act 1950 shall be.
(A) Invalid
(B) Valid
(C) Void
(D) None of the above
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36. After how many years a bhumidhar with non transferable right acquires the right to be recorded as bhumidhar with transferable right.
(A) Five years
(B) Fifteen years
(C) Seven years
(D) Ten years
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37. Who is entitled to take over the land after extinction of right of a Bhumidhar.
(A) A trust greated for charitable purpose
(B) Educational Institutions
(C) Land Management Committee
(D) None of the above
Answer
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97. When a female bhumidhar or asami other than a bhumidhar or asami mentioned in Sections 171&172 of the U.R Zamindari Abolition and Land Reforms Act dies, her interest in the holding shall devolve on which of her following heirs, first to the exclusion of others-
(A) Sister’s son
(B) Sister
(C) Brother
(D) Brother’s son.
Answer
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99. A bhumidhar or asami belonging to Scheduled Tribes can transfer any land by way of lease to a person belonging to which of the following categories?
(A) A person belonging to Scheduled Castes
(B) A person not belonging to Scheduled Castes or Scheduled Tribes with prior permission of Assistant Collector First Class
(C) A person belonging to Scheduled Castes with the permission of Assistant Collector.
(D) A person belonging to Scheduled Tribes.
Answer
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32. Under the U.P. Zamindari Abolition and Reforms Act, 1950 at present classes of tenure are-
(A) Bhumidhar, Sirdar, Adhivasi and Asami
(B) Bhumidhar with transferable right and Bhumidhar with non transferable rights
(C) Bhumidhari with transferable rights, Bhumidhar with non transferable rights, Asami and Government lessee
(D) Bhumidhari with transferable rights, Bhumidhar with non transferable rights & Asami
Answer
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8 (e) Explain the procedure for eviction of an unauthorized occupant from the Gaon Sabha Land.
Answer
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Q.8. (a) Do principles of Hindu Law or Personal Law apply to bhumidhari rights? Discuss with reference to provisions of the U.P. Revenue Code, 2006 and precedents on the subject.
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8 (b) A male bhumidhar dies leaving behind: (i) Mother; (ii) Father; (iii) Married Daughter; (iv) Son’s Daughter. Upon whom will interest devolve and what will be their share?
Answer
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8 (C) Who can use sue for division of bhumidhari holding and who are necessary parties to such a suit?
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2. (b). Husband died after coming into force of U.P.Z.A. and L.R. Act, 1950 leaving behind his widow and one minor son. Minor son inherited his holding under Section 171 of the Act. Widow remarried. Thereafter son also died —Whether mother of minor son will be his heir or property will devolve on the other heir of the father of minor son? 15
Answer
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6. Discuss the relevant provisions of succession and inheritance under the U.P. Zamindari Abolition and Land Reforms Act, 1950, with the latest status of inheritance by a married daughter as against a male lineal descendant with reference to latest case laws. 10
Answer
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4. (a) What are the restrictions on a bhumidhar to transfer his holding ? When can a bhumidhar let out the land comprised in his holding ? Discuss. 10
Answer
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4. (b) What are the restrictions, if any, on a bhumidhar with transferable rights belonging to Scheduled Tribe in bequeathing his holding? Answer referring to relevant provisions of U.P. Zamindari Abolition and Land Reforms Act, 1950. 10
Answer
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4. (a) Classify and define the “tenure holders” referring to relevant provisions of U.P. Zamindari Abolition and Land Reforms Act, 1950? 10
Answer
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5. (a) What are the restrictions under the U.P. Zamindari Abolition and Land Reforms Act, 1950 on transfer by a Bhumidhar. Whether a Bhumidhar can transfer the land to a foreign national? 10
Answer
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5. (b) What are restrictions on transfer of land by a person belonging to Scheduled Castes who has become Bhumidhar with transferable right under Section 131-B of the U.P. Zamindari Abolition and Land Reforms Act, 1950 to a person belonging to a Scheduled Castes? 10
Answer
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4. (a) What is distinction between the Bhumidhar with transferable rights and Bhumidhar with non-transferable rights ? What are the restrictions contained in Sections 157-A and 157-AA of the U.P. Zamindari Abolition and Land Reforms Act ? 10
Answer
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4. (b) Whether and how a Bhumidhar with transferable rights belonging to a Muslim community can transfer his holding by making gift, and if so under what law and in which manner ? 10
Answer
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5. (a) If the land referred to in sub-section (2) of Section 122-C of the U,P. Zamindari Abolition and Land Reforms Act is allotted to any person and any other person other than the allottee in contravention of the provisions of the Act dispossess him then who is to be approached and what are the measures and powers of the authority so provided ? 10
Answer
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48. An objection relating to material irregularity or mistake in publishing or conducting an auction sale could be filed under the Uttar Pradesh Revenue Code; 2006 before :
(a) the Collector (b) the Commissioner
(c) the Board of Revenue (d) the State Government
Answer
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5. The Agricultural holding of a tenure holder is auctioned against recovery dues under the U.P. Zamindari Abolition and Land Reforms Act, 1950. Discuss the remethes and grounds available to such a tenure holder for setting aside the auction under the Act and the Rules framed thereunder. 10
Answer
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5. (a) How recovery of an arrear of land revenue is effected under U.P. Zamindari Abolition and Land Reforms Act, 1950 ? When recourse to sale of holding can be taken by Collector and what procedure is to be adopted by Collector for sale of holding ? 10
Answer
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47. Which is false: No appeal lies against any order or decree made under the Uttar Pradesh Revenue Code, 2006 :
(a) rejecting an application for stay,
(b) remanding the case to any subordinate court
(c) where the order has been passed exparte or by default
(d) order of the nature specified in Section 47 of the Code of Civil Procedure, 1908
Answer
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44. Uttar Pradesh Revenue Code, 2006 does not repeal :
(a) Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950
(b) Uttar Pradesh Village Abadi Act, 1947
(c) Uttar Pradesh Abatement of Rent Suits Act, 1938
(d) Uttar Pradesh Tenancy Act, 1939
Answer
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27. Which section of Chapter IV of U.P. Zamindari Abolition and Land Reforms Act, 1950 empowers the State Government to frame rules for carrying into effect of the provisions of Chapter IV :
(a) Section 69
(b) Section 71
(c) Section 72
(d) None of the above.
Answer
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35. A person admitted as Bhumidhar with non-transferable right under Section 195 or 197 of U.P. Zamindari Abolition and Land Reforms Act, 1950, after delivery of possession of land, if dispossessed by any person, can get back the possession:
(a) By instituting a suit for ejectment and delivery of possession.
(b) By availing remedy under Section 198 (A) of U.P. Zamindari Abolition and Land
(c) By filing a representation before Collector
(d) None of the above.
Answer
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33. The period of limitation can not be extended under section 5 of the limitation Act in the following proceeding.
(A) An appeal filed under sub-section (3) of section 331 of the U.P. Zamindari abolition and land reforms act, 1950.
(B) Revision filed under section 333 of the U.P. Zamindari abolition and land reforms act, 1950.
(C) Application filed under sub-section (4) of section 198 of the U.P. Zamindari abolition and land reforms act, 1950.
(D) None of the above
Answer
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35. What is the maximum limit of holding for which benefit under section 122 B (4f) can be ext ended (inclusive of the land earlier held by a member of scheduled caste or scheduled tribes)
(A) 3.125 acres
(B) 3.025 acres
(C) 3.250 acres
(D) None of the above
Answer
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87. In which of the following sections of U.R Zamindari Abolition and Land Reforms Act, 1955, a revenue court can grant injunction?
(A) Section 229-A
(B) Section 229-B
(C) Section 229-C
(D) Section 229-D.
Answer
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88. Re-possession of the leased land after eviction is punishable under which Section of the U.R Zamindari Abolition and Land Reforms Act?
(A) 115-C
(B) 122-F
(C) 198-A
(D) 209.
Answer
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Third Schedule
(See Sections 206, 207 and 208)
Section | Description of suit application or proceedings | Court or Officer of original jurisdiction | First Appeal | Second Appeal |
---|---|---|---|---|
1 | 2 | 3 | 4 | 5 |
24 | Boundary and boundary marks | Sub-Divisional Officer | Commissioner | - |
35 | Mutation cases | Tehsildar | Sub-Divisional Officer | Commissioner |
54, 56, 57 | Disputes relating to trees | Collector | Commissioner | - |
67 | Eviction of illegal occupier from land of [Gram Panchayat] | Sub-Divisional Officer | Commissioner | - |
82(2)(c) | Suit for ejectment by a bhumidhar against the person in possession of any land on the basis of a contract or lease | Sub Divisional Officer | Commissioner | Board |
85(1) | Suit for ejectment by [Gram Panchayat] against a bhumidhar with non-transferable rights | Do | Do | Do |
85(2) | Suit for ejectment by a land holder against an asami | Do | Do | Do |
96(2) | Suit for partition by a disabled co-sharer | Do | Do | Do |
116 | Suit for division of a holding | Do | Do | Do |
131(1) | Suit for ejectment of an asami | Do | Do | Do |
131(4) | Suit for recovery of arrears or rent against an asami | [Sub-Divisional Officer] | Collector | Nil |
133 | Suit for injunction, compensation etc. | [Sub-Divisional Officer] | Collector | Nil |
134 | Suit for ejectment against a person occupying land without title or for damages or for both | Sub-Divisional Officer | Commissioner | Board |
137(1) | Suit for possession, compensation or injunction | Do | Do | Do |
139(1) | Application for fixation of rent | Tahsildar | Sub-Divisional Officer | Nil |
141(1) | Application for commutation of rent | Sub-Divisional Officer | Collector | Nil |
144 | Suit for declaration by bhumidhar or asami | Do | Commissioner | Board |
145 | Suit for declaration by [Gram Panchayat] | Do | Do | Do |
151(1) | Suit by a Government lessee for ejectment or for damages or both | Do | Do | Do |
46. Against which judgment under the Uttar Pradesh Revenue Code, 2006 second appeal does not lie to the Board:
(a) Suit for ejectment under section 82(2)(c)
(b) Suit for declaration under section 144
(c) Suit by a government lessee under section 151(1)
(d) Suit for injunction under section 133
Answer
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29. What limitation is provided for initiating proceedings under Section 122 B of the U.P. Zamindari Abolition and Land Reforms Act, 1950:
(a) One Year
(b) Two years
(c) Three years
(d) No limitation
Answer
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